Crl.O.P. filed for bail under Cr.P.C. 439 in a cheating case under IPC 406. Petitioner alleged false implication and sought release after 25 days of remand.
Petitioner directed to deposit Rs.50,000 and execute a bond for Rs.10,000 with two sureties to be released on bail.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.24481 of 2021
Kavi @ Kavinkumar
...Petitioner
Vs.
State rep. by its The Inspector of Police Palladam Police Station Tiruppur District Crime No.1878 of 2021 ...Respondent
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.1878 of 2021 on the file of the Inspector of Police, Palladam Police Station, Tiruppur District.
For Petitioner : Mr.M.Senthil Kumar
ORDER
(The case has been heard through video conference)
The petitioner who was arrested and remanded to judicial custody on 27.11.2021 for the offence under Section 406 IPC, in Crime No.1878 of 2021 on the file of the respondent police, seeks bail.
3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that one Kathir is holding the alleged R.C. Book and his whereabouts are not known and that the petitioner has been suffering incarceration for 25 days from 27.11.2021. Hence, he would pray for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) would raise objection stating that by giving false promise of getting F.C., the petitioner had taken the lorry and R.C. Book of the defacto complainant and by misusing the same, had obtained loan of Rs.1 lakh. He would further submit that so far the said R.C. Book and the amount of Rs.1 lakh have not been recovered.
(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioner shall report before the respondent police on every Tuesday and Saturday at 10.30 a.m., until further orders.
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/-
21/12/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE, PALLADAM, TIRUPPUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR DISTRICT. [FOR INFORMATION]
3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
4 THE INSPECTOR OF POLICE, PALLADAM POLICE STATION, TIRUPPUR DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.M.SENTHIL KUMAR Advocate on payment of necessary charges SR.NO.15202
CRL OP.24481/2021
Date :21/12/2021 RW 21/12/2021
1 issue framed by the court
Whether the petitioner is entitled to bail in an offence under Section 406 IPC considering the completion of investigation and period of incarceration.
Colour shows how this judgement treated each authority
P.K.Shaji Vs. State of KeralaExplained¶25
P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] · Who else cites this
3 provisions across 2 enactments
Kavi @ Kavinkumar
State
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
